[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR255.4]

[Page 592-593]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE FOR MAKING 
AND DISTRIBUTING PHONORECORDS--Table of Contents
 
Sec. 255.4  Definition of digital phonorecord delivery.

    A ``digital phonorecord delivery'' is each individual delivery of a 
phonorecord by digital transmission of a sound recording which results 
in a specifically identifiable reproduction by or for any transmission 
recipient of a phonorecord of that sound recording, regardless of 
whether the digital transmission is also a public performance of the 
sound recording or any nondramatic musical work embodied therein. A 
digital phonorecord delivery does not result from a real-time, non-
interactive subscription transmission of a sound recording where no 
reproduction of the sound recording or the musical work embodied therein 
is made from the inception of the transmission

[[Page 593]]

through to its receipt by the transmission recipient in order to make 
the sound recording audible.

[60 FR 61657, Dec. 1, 1995]